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(영문) 서울중앙지방법원 2019.05.17 2018고단5542
사기등
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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[2018 Highest 5542] On April 19, 2018, the Defendant posted a notice to the effect that “the purchase of cultural product certificates” on the Internet B carpet, and then reported the notice to the victim C, who visited the victim, would be entitled to KRW 45,500 in return for the notice to the effect that the PIN number equivalent to KRW 50,00 is known.

‘The purpose was to make a false statement.’

However, the defendant did not have an intention or ability to pay the price promised even if he received the PIN number from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received the PIN number equivalent to KRW 50,00 on the same day from the victim, and immediately transferred this PIN number to another person, received and transferred KRW 43,500, and the victim did not deliver KRW 45,500 to the victim, thereby acquiring economic benefits equivalent to the same amount.

[2018 Highest 8479]

1. On June 27, 2018, the Defendant posted a notice stating that online game E sells online game money to his/her D account, around 21:00.

However, even if the defendant receives the price, he did not have the intention or ability to pay the game money.

The Defendant received KRW 48,00 from the victim F in return for selling the game money of KRW 80,000,000 in return for the sale of the game money at around 21:22 on the same day, and received a total of KRW 238,600 from the victims four times, as shown in the attached list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

2. On August 11, 2018, between 23:40 to 0:00 on August 12, 2018, the Defendant: (a) opened a studio of the escape room of the victim I (I, 17 years of age, and Mongolian nationality) in Jongno-gu Seoul, Jongno-gu, Seoul, and then stolen KRW 156,00 in cash owned by the victim from the ground wall in that room.

Summary of Evidence

[2018 Highest 5542]

1. Defendant's legal statement;

1. Written petition for the C Preparation;

1. J details, the Defendant’s bulletin board using the crime.

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